77-0126_CC_Minutes_Adjourned Regular Meeting431 -
JANUARY 26, 1977
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE
. CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor Nash
at 7:10 P.M. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag.
ROLL CALL PRESENT: Douglas R. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Kenneth E. Friess, Councilman
Richard D. McDowell, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services/Assistant City Manager; William
D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell,
Director of Planning; James S. Okazaki, City Attorney; Mary Ann
Hanover, City Clerk.
TENTATIVE TRACr MAP 9284/REZONE 76-11 (SMITH/KING)
(85) After the Public Hearing on January 19, 19.7, Tentative Tract
Map 9284 was referred to the Planning Commission for considera-
tion of Council concerns and the Conditions of Approval, with
direction that the Commission recommendations be returned to
the City Council on January 26.
Council received copies of a report dated January 26, 1977,
from the Director of Planning forwarding the recommendation
of denial made by the Planning Commission at its meeting of
January 25 and recommended Conditions of Approval for Council
consideration should the recommendation of,denial not be upheld,
Council also received copies of a report of Geology dated
January 24, 1977, from SGT Consultants, Inc., advising that the
development is feasible as proposed,
The Director of Planning reviewed the Conditions of Approval,
including such items as access for development to the east and
emergency access, visual impacts, approval by the City of San
Clemente, and bonding for street repairs. Council discussion
ensued, and the Director of Planning advised that the Planning
staff is of the opinion that the project is consistent with the
General Plan.,
Mayor Nash asked if anyone in the audience wished to address
the Council at this time, and the following persons responded
in opposition to the development:
1. Victor Ince, 3916 Calle Andalucia, San Clemente,
presented photographs of ridgeline areas;
2. Tom Stringer, Prcsident, Harbor Estates Homeowners
Association, 613 Calle Real, San Clemente;
3. Mrs. Bill Wagner, 3910 Calle Andalucia, San Clemente,
presented petitions containing approximately 200
signatures;
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3 4. Doe Tyler, President, Alto Capistrano Homeowners
Association, 26982 Via Banderas;
5. Virginia Dowden, 27002 Via Banderas;
6. Gary Langdale, 33901 Avenida Calita;
7. Kenneth Saunders, 4005 Via Manzana, San Clemente;
Chuck King, 31752 Avenida Avilla, the applicant, addressed
the Council in support of the project and advised that the
City of San Clemente has approved the development subject to
conditions for cul-de-sac streets, bonding for street repairs,
and landscaping. Mr. King advised that the lot plans have
been altered accordingly, the development will be limited to
single story homes, a buffer wall will be installed, water
service will be extended from Camino Las Ramblas, and 351 set
backs provided for, that 1,500-2,500 yards of earth will be
graded per lot, and trees will be planted to obscure the
visual impact from below the development.
Mayor Nash noted his concerns regarding fire and police pro-
tection for the area and building pads overlapping the slopes.
Councilman Friess noted that the 351 set back proposal tends
to add to the problem of pushing lots over the slopes and
suggested that the houses be phased into the hillside as
split levels rather than a stilting effect. Mr. Friess
inquired if bonding for damage to adjacent properties during
grading operations was included in the conditions of approval
for liability purposes.
Councilman Sweeney stated that conditions 10 and 19 provide
for controls and the review process and that the conditions
of approval are sufficient.
Mayor Nash noted that Lot 9 is in violation of the hillside
regulations. Mr. King concurred that building and grading
plans for Lot 9 would be returned to the Council for review
and approval.
Councilman Heckscher commented that access, protection, visual
impact of building pads overhanging the ridgeline, and jeopar-
dizing City standards by making concessions are areas of
concern.
It was moved by Councilman Heckscher and seconded by Mayor
Nash that the decision and recommendation of the Planning Com-
mission be upheld. The motion failed by the following vote:
AYES: Councilman Reckscher and Mayor Nash
NOES: Councilmen Sweeney, McDowell, and Friess
ABSENT: None
Introduction of Ordinance No. 317:
The City At rney read the title of the Ordinance next in order.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to waive further reading of
the Ordinance. It was moved by Councilman McDowell; seconded
by Councilman Sweeney that the following Ordinance, being:
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MR
317. REZONE 76-11 (TENTATI
Wz5q) - &N u1WIARAUZ ur 111ri L'111 Ur oaa duai'i
CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293, AS AMENDED BY
ORDINANCE NO, 312, BY CHANGING THE ZONING OF LOTS
I THROUGH 3 AND 17 THROUGH 22 OF TENTATIVE TRACT
B284 FROM GM (GROWTH MANAGEMENT) TO RS (SINGLE
FAMILY) AND BY CHANGING THE ZONING OF LOTS 4
THROUGH 16 OF TENTATIVE TRACT 9284 FROM GM (GROWTH
MANAGEMENT TO 90 -RS (20,000)
he introduced. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
Approval of Tentative Tract 9284:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney to approve Tentative Tract 9284 subject to the Condi-
tions of Approval recommended by the Planning Commission and
including Council amendments. The amended conditions shall
read as follows:
Condition 10. The Planning Commission shall approve
composite development, building elevptions and grading
plans prior to approval of a final map. Lot 9 shall
be reviewed with particular attention given to grading
of the proposed access road and pad.
Condition 16, The developer shall submit street improve-
ment, landscape and maintenance agreements for that por-
tion of Street "B" located within the City of San Clemente
to the City of San Clemente for approval. In addition,
the developer shall receive approval of the tentative
tract map by the City Council of San,Clemente prior to
approval of a final map by the City of San Juan Capistrano.
A Condition 20 is added, as follows:
Condition 20. The developer shall provide bonding in an
amount approved by the City Manager and in such form as
approved by the City Attorney to insure against damage
due to settlement or displacement of adjacent buildings
caused by the grading operation on the subject tract.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Friess
NOES: Councilman Heckscher and Mayor Nash
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:50 P.M
PLANNING COMMISSION
and reconvened at 9:15 P.M.
APARTMENT COMPLEX ON ALIPAZ STREET
ARCHITECTURAL CONTROL 76-10 (WOOLSEY)
(68) Council received copies of a report dated January 19, 1977,
from the Director of Planning advising that the Planning Com-
mission approved AC 76-10 at its meeting of January 11. The
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proposal is for development of approximately 11 acres of land
3 4 into 172 apartment units, including integrated greenbelt area
and common recreational facilities, to be known as Alipaz
Village. The proposed project is located on the west side of
Alipaz Street immediately north of San Juan Mobile Estates.
The applicant is Frank Woolsey, C.F.C. Development, 16931 Bolsa
Chica, Huntington Beach. Site plans were also provided, and
exhibits were on display.
The Director of Planning advised that a variance to the amount
of required parking area was granted by the Commission on
January 25 in order to alleviate an automobile -dominated atmo-
sphere; a Condition of Approval requires additional recreation
facilities. The project is subject to the requirements of
Ordinance No. 314, Residential Growth Management, and is eli-
gible for residential allocation during 1977, 1978, and 1979
if it receives Council approval prior to January 31, 1977.
Mr. Frank Woolsey, applicant, 4001 Diablo Circle, Huntington
Beach, addressed the Council and advised that rental of the
1 and 2 bedroom apartments would not be limited to adults, that
approximately 47% of the area is set aside for open space, and
that additional recreation facilities such as volleyball courts
are being considered. Councilman Friess noted that recreation
facilities should be provided for children; the Director of
Planning stated that tot lots should be included. Councilman
Heckscher noted that traffic will be generated at the intersec-
tion of Del Obispo and Alipaz, and that the developer should
participate in the future installation of a traffic signal at
that location.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the following be included
as an additional Condition of Approval:
Traffic Control. The developer shall be required to
pay, prior to the issuance of building permits, an
amount designed to compensate the City for costs
incurred in controlling traffic to the development
up to and including the intersection of Del Obispo
Street and Alipaz Street and that such amount be
based upon a reasonable allocation of the burden
which such development bears to the overall burden
of such intersection.
It was the consensus of the Council that the Traffic and Trans-
portation Commission formulate the ratio of participation in
traffic control costs for recommendation to the Council.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to approve AC 76-10, subject
to the conditions set forth in Planning Commission Resolution
No. PC 77-1-11-3 and subject to the additional condition for
participation in costs of traffic control at the intersection
of Del Obispo Street and Alipaz Street as imposed by the City
Council.
RESOLUTIONS
PROPOSED SISTER CITY PROGRAM (PETRA, MALLORCA)
(34) Council received copies of a report dated January 19, 1977,
from Pamela Hallan, Administrative Aide, advising that offi-
cials of the City of Petra, Mallorca, have indicated an
interest in accepting the City's proposal to become affiliated
with the City through a Sister City Program. Forwarded also
were copies of a proposed resolution extending an invitation
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1-4
435
to the City of Petra to participate in an informal Sister
City Program.
Councilman Sweeney suggested that the matter be referred to
the Cultural Heritage Commission for comment and review at
the earliest possible date, and Mayor Nash so directed.
2. REVISING SEWER SERVICE FEES
(80) Council received copies of a report dated January 19, 1977,
from the Director of Public Works regarding sewer service
charges. The data is based on a Report by Stone and Youngberg
and SERRA reports and is compatible with State guidelines.
Revenues are utilized for the following purposes:
(11 Depreciation, maintenance and operation of
sanitary treatment disposal facilities;
(2) --Cost of maintenance and operation of local
collection system;
(3) Allowance for replacement and depreciation
- - I of local lines;
(4) The City's participatory share in SERRA's
Revenue Program, as mandated by the State
for grant fund eligibility.
Council also received copies of a letter dated January 12,
1977, from James Garvin, President, Capistrano Villas Home-
owners Associatien No. 3 protesting previous rate increases
effective October 1, 1976,
Forwarded also were copies of a proposed Resolution to
increase mobilehome unit fees to $1.50 per month; decrease
multiple dwelling unit fees to $2.00 per month; single family
residential service would remain at $4.50. The Director of
Public Works requested that Council concur with the rate
structure and establish a future date for adjusting the rates
by Resolution.
Council members and the Director of Public Works discussed the
use of revenues as they relate to plant expansion, repair and
replacement of facilities, population growth, and State
requirements.
Mayor Nash requested receipt of an analysis of the effect on
fees by the application of all and one-half of the anticipated
revenues from the Santa Margarita Water District sewer lease.
Council members concurred and discussed the proposed rate
structure with particular attention given to providing relief
to multiple units and possible payment of refunds of increases
established September 1, 1976. Council requested that a policy
be formulated to adjust rate charges that have been made.
The City Manager suggested that a report on possible refunds
be provided for Council consideration at a later date.
It was moved by Councilman Heckscher and seconded by Councilman
McDowell that the following Resolution, being:
RESOLUTION NO. 77-1-26-1, SEWER CONNECTION CHARGES AND
SERVICE CHARGES - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO REPEALING RESOLUTION NO.
76-9-1-4 AND NO. 76-10-6-2, ESTABLISHING THE CHARGES TO
BE MADE FOR ANY AND ALL SEWERAGE DISPOSAL CONNECTIONS
WITH THE PUBLIC SEWERAGE SYSTEM, ESTABLISHING MAIN EXTEN-
SION CHARGES AND SEWER SERVICE CHARGES WITHIN THE CITY OF
SAN JUAN CAPISTRANO AND AREAS BECOMING PART OF THE CITY
FROM AND AFTER FEBRUARY 1, 1977
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436
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
The Resolution establishes the following sewer service charges
effective February 1, 1977:
(1)
Single Family Living Unit:
$4.50
per
month;
(2)
Multiple Living Units:
$2.00
per
month;
(3)
Mobile Homes:
$1.00
per
month;
(4) Quantity Charge (Commercial): $0.03 per 100 cubic
feet of water consumed
in excess of 3,000
cubic feet per month.
It was moved by Councilman Friess and seconded by Mayor Nash
that all fees be placed at the standard established prior to
September 1, 1976, until such time as the matter can be
studied and an appropriate set of data provided for Council
direction and that credits or refunds be considered at a
later date after evaluation of the entire program. The motion
failed by the following vote:
AYES: Councilman Friess and Mayor Nash
NOES: Councilmen Sweeney, McDowell, and Heckscher
ABSENT: None
Mayor Nash directed that staff prepare data on what portion
of the fee represents depreciation of a system designed to
expand the capacity and on the impact on the rate structure of
funds to be received from the Santa Margarita Water District
Lease. Staff is also to address the difference in housing unit
numbers used in Exhibits A and D of the analysis.
SUBDIVISIONS AND ANNEXATIONS
1. REPORT ON BOUNDARY STUDY (CITY OF SAN CLEMENTE).
(21) Council received copies of a report dated January 19, 1977,
from the Director of Public Works regarding possible major
boundary modifications along the San Juan Capistrano/San
Clemente mutual boundary lines in order to align those bound-
aries with the ridgeline. Forwarded also were copies of a map
showing three major areas for modifications, as follows:
Area 1: Tentative Tract 8495;
Area 2t An area where the ridgeline lies within the City while
closely paralleling the boundary;
Area 3: The portion of the County Prima Deshecha Sanitary
Landfill and park site within the City.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to direct staff to inform the
City of San Clemente of a favorable position toward de -annexing
Area 1 at no cost to San Juan Capistrano and to refer the
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11
FU WO
matter of de -annexation of Areas 2 and 3 to the Planning
Commission for review and recommendation.
DIRECTOR OF PLANNING
1. CONTINUATION OF STREET TREE PLANTING
(74) Council received copies of a report dated January 19, 1977,
from the Director of Planning forwarding a letter dated
January 4, 1977, from Mrs. Vinton P. Frost, President of San
Juan Beautiful, Inc. The organization proposes a contribution
of $700 in order to continue the street tree plaiiting program
with a portion allocated to maintenance and provided that the
City contributes an equal amount.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to accept the proposal sub-
mitted by San Juan Beautiful, Inc., and direct that the Plan-
ning and Engineering Departments incorporate the proposal as
part of the Street Tree Master Plan planting schedule for
fiscal year 1976-77.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRA REPORT - OCEAN OUTFALL STATUS, PROJECT COMMITTEE NO. 5
(79) Council received copies of a draft agreement for the construc-
tion, use and operation of the ocean outfall. SERRA's legal
counsel has requested that all member agencies submit their
individual comments in order to proceed in accordance with the
construction schedule. Councilman McDowell advised that he
would submit comments to Mr. Murphy; and, with the concurrence
of Council, Mayor Nash directed staff to forward revisions to
the draft ocean outfall agreement to the legal counsel for the
South East Regional Reclamation Authority.
2. REPORT ON CALLE ASPERO STREET IMPROVEMENTS
(83) Council received copies of a report dated January 5, 1977,
from the Director of Public Works regarding the status of pro-
posed improvements to Calle Aspero adjacent to the Meisner
Tract. Right-of-way acquisition is required from seven proper-
ties in order to construct the improvements, and easements
have been obtained from five of the seven property owners. The
remaining two property owners, Dale Tanner and John Saunders,
have indicated they will grant the necessary easements if they
are granted variances to divide their lots.
Council discussed the impact of the development of the Bear
Brand Ranch pr-operty in County territory adjacent to the eastern
City limits and the possibility of access through Calle Aspero.
In response to an inquiry from Mayor Nash, the Director of
Planning advised that the fact that the Ranch property lies
within the City's sphere of influence provides a method to
determine in advance where the ultimate City boundaries would
be located in conjunction with annexation; prior to annexation,
the City would have no authority over development of County
land.
With the concurrence of Council, Mayor Nash requested that the
Director of Planning review the status of the Bear Brand Ranch
development and report to the Council at the meeting of
February 2, 1977.
It was moved by Mayor Nash and seconded by Councilman Sweeney
that staff be directed to continue negotiations with Dale
Tanner and John Saunders for the easements for Calle Aspero
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438,
and that the possible lot splits be referred to the Planning
Commission for tacit approval or denial. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher,
and Mayor Nash
NOES: Councilman McDowell
ABSENT: None
TRAFFIC AND TRANSPORTATION COMMISSION
1.
ELEMENT -
IGN CRITERIA
(46) Council received copies of a report dated January 19, 19779
from George Alvarez, Secretary to the Traffic Commission ',
regarding amendments to the Circulation Element of the General
-Plan. Forwarded were copies of goals and objectives from the
General Plan; a Criteria for Design Functional Classification
for arterial, commuter and local streets dated October, 1976;
a Process for Amending Circulation Element of General Plan
revised November 8, 1976; and a Circulation Element Schedule
for Commission Hearings dated December 22, 1976.
It -was moved by Mayor Nash, seconded by Councilman Friess and
unanimously carried to re-establish the goals and objectives
and approve the design criteria and process for amending the
Circulation Element of the General Plan.
COUNCIL ACTIONS
1. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION
(62) It was moved by Mayor Nash, seconded by Councilman Friess
and unanimously carried that Gillian Cannon be appointed to
fill the existing vacancy on the Parks and Recreation
Commission.
Council members noted the outstanding qualifications of the
applicants for the position. Councilman Friess noted that the
Commission may appoint a sub -committee of senior citizens.
COUNCIL REMARKS
1. SCHOOL DISTRICT ATTENDANCE BOUNDARIES
(78) Councilman Friess advised that the Capistrano Unified School
District Board of Trustees is considering redistricting student
attendance due to the construction of the Capistrano Valley
High School north of the City limits. A proposal that all San
Juan Capistrano students attend the new high school would
avoid splitting the City's student attendance into three dif-
ferent high schools. Mr. Friess suggested that a letter to
the School District be drafted requesting that the District
attempt to maintain the integrity of the student community to
whatever extent possible in establishing attendance boundaries.
With the concurrence of the Council, Mayor Nash requested that
Councilman Friess draft a letter to the School District for
submission to Council at the meeting of February 2, 1977.
2. COMMUNITY CENTER -
PROPOSED ACQUISITION OF CAPISTRANO HIGH SCHOOL
(78) Councilman Sweeney provided copies of a proposed Resolution
offering to purchase the Capistrano Union High School from
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439
the School District for use as a community center. Mr. Sweeney
suggested that Federal Public Works grant funds may be avail-
able for construction if a suitable site for a community center
is acquired. It was the consensus of the Council that the
matter be placed on the February 2, 1977, Agenda for Council
consideration.
RECESS AND RECONVENE
Council recessed to Executive Session for the purpose of discussing
legal matters at 11:35 P.M., the City Clerk being excused therefrom,
and reconvened at 12:12 A.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:13 A.M., January 27, 1977, to the next regular
meeting date of Wednesday, February 2, 1977, at 7:00 P.M. in the
City Council Chamber.
Respectfully submitted,
ATTEST:
D07JGLAS
.,AASH, MAYOR
222Z,� e�! — ki�� —
MARY ANN
,,�OVER, CITY CLERK
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1/26/77